Plain language law

New Zealand law explained for everyone

Social Security Act 2018

Assistance - Sole parent support

31: When dependent child may be regarded as applicant’s child

You could also call this:

“When the government might treat you as a child's parent for help purposes”

You might be considered a child’s parent for assistance purposes, even if you’re not their biological parent. This can happen in a few different situations:

If you’re taking care of a child that your husband, wife, or partner used to look after, the government might see you as the child’s parent.

The government might also see you as the child’s parent if the child isn’t getting an orphan’s benefit or an unsupported child’s benefit, and one of these things is true:

The child’s actual parents can’t look after them because they’re in hospital for a long time, in prison, or not allowed to enter New Zealand.

The child’s actual parents aren’t able to support the child fully, and you’re taking care of the child instead.

In some special cases, if the child’s parents don’t want to support their child, the government might decide you can be seen as the child’s parent.

Remember, these rules are used to decide who can get help from the government for looking after a child.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783169.

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Family and relationships > Children and parenting
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30: What is sole parent requirement, or

“The sole parent requirement is for single parents caring for young children”

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32: Sole parent support: situation of split care, or

“Getting help when you're a single parent sharing care of your kids”

Part 2 Assistance
Sole parent support

31When dependent child may be regarded as applicant’s child

  1. For the purposes of this subpart, MSD may regard a dependent child as being a child of an applicant (A), and A as being the mother or father of the child, if—

  2. the child is being maintained by A and was at any time maintained by A’s spouse or partner; or
    1. neither an orphan’s benefit nor an unsupported child’s benefit is payable in respect of the child, but—
      1. section 43(2) is complied with for each of the child’s parents (as that term is defined in section 43(3)); or
        1. section 46(1) and (2) is complied with for each of the child’s parents (as that term is defined in section 46(3)) for care for the child and full provision for the child’s support; or
        2. the child’s parents are unwilling to support the child because of circumstances MSD considers exceptional.

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